In Voss v Land Berlin C-300/06, the ECJ ruled that legislation under which overtime pay arrangements result in a part-timer being paid less overall than a comparable full-timer for the same number of hours potentially contravenes the principle of equal pay enshrined in art. 141 of the Treaty establishing the European Community.
In McMenemy v Capita Business Services Ltd [2007] IRLR 400 CS the Court of Session held that an employer that did not award time off in lieu of bank holidays to a part-time employee who did not work on Mondays was not in breach of the part-time worker Regulations.
In Matthews and others v Kent & Medway Towns Fire Authority and others [2006] UKHL 8, the House of Lords held that in the assessment of whether full- and part-time workers are employed on broadly similar work, both the differences and the similarities between the two groups should be considered and an overall assessment made.
In Commotion Ltd v Rutty, the EAT holds that it was open to the employment tribunal to find that an employee's formal application under the right to request flexible working satisfied step one of the statutory grievance procedure where it was presented after the refusal of an informal flexible working request.
In Wippel v Peek & Cloppenburg GmbH & Co. KG, the European Court of Justice holds that a worker working pursuant to a contract under which hours of work are dependent on the amount of work available and are determined only on a case-by-case basis by agreement between the employer and worker, is within the scope of the Equal Treatment Directive.